McKinney v. Lavine

Appellate Division of the Supreme Court of New York

McKinney v. Lavine

45 A.D.2d 772, 358 N.Y.S.2d 143, 1974 N.Y. App. Div. LEXIS 4601

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 26, 1974

StatusPublished

This text of 45 A.D.2d 772 (McKinney v. Lavine) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McKinney v. Lavine, 45 A.D.2d 772, 358 N.Y.S.2d 143, 1974 N.Y. App. Div. LEXIS 4601 (N.Y. Ct. App. 1974).

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Opinion

Motion by respondents for reconsideration of the previous order of this court, dated June 4, 1973, and cross motion by petitioners to reconsider and resettle said order. Motion and cross motion granted solely to the extent of amending the decision of this court, dated June 4, 1973, upon which said order was made, by (1) deleting from the second paragraph thereof the following: “ and the respondent Commissioner of Social Services is directed to issue a waiver to each petitioner upon the condition specified by the hearing officer”; and (2) substituting therefor the following: “and the respondent Commissioner of Health of the State of New York, in his capacity as presiding officer of the agency referred to in the Code of Federal Regulations (tit. 20, § 405.1134, subd. [a]) as the 1 State survey agency ’, shall forthwith recommend to the Federal Department of Health, Education and Welfare (HEW) that HEW grant a waiver to each petitioner, provided that the corrections and modifications proposed by the hearing officer as mentioned in said decision of this court dated June 4, 1973 will be completed, and that proof of completion is submitted to HEW, within four months after notification by HEW to petitioners that it accepts' this recommendation.” Hopkins, Acting P. J., Martuscello, Shapiro and Munder, JJ., concur.

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Motion by respondents for reconsideration of the previous order of this court, dated June 4, 1973, and cross motion by petitioners to reconsider and resettle said order. Motion and cross motion granted solely to the extent of amending the decision of this court, dated June 4, 1973, upon which said order was made, by (1) deleting from the second paragraph thereof the following: “ and the respondent Commissioner of Social Services is directed to issue a waiver to each petitioner upon the condition specified by the hearing officer”; and (2) substituting therefor the following: “and the respondent Commissioner of Health of the State of New York, in his capacity as presiding officer of the agency referred to in the Code of Federal Regulations (tit. 20, § 405.1134, subd. [a]) as the 1 State survey agency ’, shall forthwith recommend to the Federal Department of Health, Education and Welfare (HEW) that HEW grant a waiver to each petitioner, provided that the corrections and modifications proposed by the hearing officer as mentioned in said decision of this court dated June 4, 1973 will be completed, and that proof of completion is submitted to HEW, within four months after notification by HEW to petitioners that it accepts' this recommendation.” Hopkins, Acting P. J., Martuscello, Shapiro and Munder, JJ., concur.

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Bluebook (online)

45 A.D.2d 772, 358 N.Y.S.2d 143, 1974 N.Y. App. Div. LEXIS 4601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-lavine-nyappdiv-1974.